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MATTER OF PENEPENT

49 A.D.2d 997 (1975)

In the Matter of the Claim of Joseph A. Penepent, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 30, 1975

The board found that claimant's effort to seek employment during the period at issue had "not been diligent and active but * * * merely token", and he was thus not available for employment. This determination is factual, and if supported by substantial evidence, it must be sustained (Matter of Bennett [Catherwood], 33 A.D.2d 946). The instant record contains solely issues of fact and credibility, and it cannot be said that the board...

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